ClubMäksē Terms & Conditions
The following Terms and Conditions are entered into by and between you and MäksēLife, aka “ClubMäksē”.
MäksēLife agrees to provide you with access to the group entitled, “ClubMäksē”. As a condition of participating in the group, you agree to be bound by and to abide by all policies and procedures set out in this agreement, including those incorporated by reference.
NATURE OF THE RELATIONSHIP
Nothing in this agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. MäksēLife is agreeing only to provide you with access to ClubMäksē, which provides education and information. The information contained in the group, including any interactions with the MäksēLife team and/or guest speakers, is not intended as, and shall not be understood or construed as, professional or therapeutic advice.
COACHING IS NOT THERAPY, COUNSELING OR CONSULTING
MäksēLife, the ClubMäksē team and/or guest speakers will not diagnose, repair, treat, analyze, or prescribe. Although coaching can be emotional and profound, ClubMäksē will not focus on issues of pathology or unresolved psychological issues of the past. The focus of ClubMäksē will be on the whole person with all of their experiences, joys and sorrows, and will concentrate on the present and future rather than digging into the past. MäksēLife and ClubMäksē reserve the right to refer you to professional services and/or may cancel your membership if we feel that you may be or harm to yourself and/or others, or may be better served in a therapeutic environment.
In consideration of your access to ClubMäksē, you agree to pay the following:
You may choose between the following recurring membership payment options:
Monthly recurring membership payments of $59 (These payments will be automatically charged each month for a total of six payments. The total amount charged to you will be $354)
6-month membership for $295
Your subscription choice will be billed immediately, and your selected payment method will be automatically charged based on your subscription and renewal choice. You will remain responsible for those payments unless you terminate your membership. In the event that any payment is not made, MäksēLife shall immediately suspend your access to the Program.
PAYMENT PLAN AUTHORIZATION:
You hereby authorize MäksēLife to automatically charge your payment method on file according to the terms set forth in the Fees and subscription options section above.
You may cancel your subscription and request a refund, minus a $25 administrative fee, within 7 days of the program start date (April 30, 2021). After May 7, 2021, refunds will no longer be permitted. You recognize and agree that you shall not be entitled to a refund for any purchase after this initial 7-day period ends. If you have any questions or would like to cancel your membership from recurring membership charges, please contact our support team at firstname.lastname@example.org, and we will be happy to assist you.
As part of your membership in ClubMäksē, you shall receive the following:
Access To Program Area – MäksēLife shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other educational material, training, and information. You shall have access to this Program Area for as long as the Program Area exists.
Access To Private Discussion Group – MäksēLife shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund. The Company reserves the right to close, archive, or discontinue the discussion group on not less than 1 months' notice. In the event that the Group were to cease for any reason, you will be refunded paid membership fees for the months you will not receive participation in, on a prorated basis of your subscription choice and months used.
Q&A Calls/Sessions – As a member of ClubMäksē, you will have access to one monthly question and answer zoom call. MäksēLife shall provide you with details about how to participate in these question and answer sessions. If you are unable to attend in person or online, recordings will be posted to the group.
LIVE Training Sessions and/or Guest Interviews – As a member of ClubMäksē, you will have access to one monthly Live training call with Life Coach Sierra Friend, a member of the MäksēLife team and/or a guest expert. MäksēLife shall provide you with details about how to participate in these LIVE sessions. If you are unable to attend in person or online, recordings will be posted to the group.
Monthly Content – ClubMäksē and it’s team will provide monthly content intended to support your experience inside of ClubMäksē
including, but not limited to, themes, challenges, accountability check-in’s, reflections, discussions, tips, and educational resources. We reserve the right to add or remove content at any time, for any reason, without notice or explanation.
OWNERSHIP OF ALL INTELLECTUAL PROPERTY
All content included as part of ClubMäksē, such as text, graphics, logos, images, documents, PDF’s, as well as the compilation thereof, is the property of MäksēLife or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights.
MäksēLife’s name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of MäksēLife or its affiliates or licensors. You must not use such marks without the prior written permission of MäksēLife.
Your participation in ClubMäksē does not result in a transfer of any intellectual property to you, and, as a condition of participation in the group, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use ClubMäksē’s content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the group.
MäksēLife and ClubMäksē content is not for resale. Your participation in the group does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of MäksēLife and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MäksēLife or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the MäksēLife’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate MakseLife’s intellectual property rights, your access to ClubMäksē will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
MakseLife respects the privacy of its clients and will not disclose any information you provide except as set forth in this agreement. As a condition of joining ClubMäksē, you hereby agree to respect the privacy of other members and to respect MakseLife’s confidential information.
Specifically, you shall not share any information provided by other members outside of the bounds of ClubMäksē unless you receive express written permission from such other member to share the information. Similarly, the content of ClubMäksē contains MäksēLife’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the group with anyone other than MäksēLife, it’s owners and employees, and other ClubMäksē members.
By joining ClubMäksē, you accept personal responsibility for the results of your actions or non-action. You agree that MäksēLife has not made any guarantees about the results of taking any action, whether recommended in the group or not. MäksēLife provides educational and informational resources that are intended to help participants in the group learn and grow. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of MäksēLife.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether members of ClubMäksē or otherwise - applying the principles included in the group are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in ClubMäksē. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the group.
MATERIALS PROVIDED BY YOU DURING THE PROGRAM
MäksēLife does not claim ownership of the information or materials you may provide in the group (including feedback and suggestions) or post, upload, input, or submit to any website or our associated services (collectively “submissions”).
However, MäksēLife reserves the right to include your submissions inside of the Program – including any posts, copy, audio, or video recordings of you participating in any sessions – in ClubMäksē and other marketing material going forward, with your permission only, unless it is deemed that you may pose a threat to yourself or others.
No compensation will be paid with respect to the use of your submission, as provided herein, unless agreed upon by all parties outside of this agreement. MäksēLife is under no obligation to post or use any submission you may provide and may remove any submission at any time at MäksēLife’s sole discretion.
By posting, uploading, inputting, providing, or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the submissions.
MäksēLife makes no warranties regarding the performance or operation of the ClubMäksē, including any technological aspects of the program. MäksēLife further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through ClubMäksē. To the fullest extent permissible under the law, MäksēLife disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to absolve and do hereby absolve MäksēLife of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of membership of ClubMäksē and/or any information and resources contained in the group. You agree that MäksēLife shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the group.
The information, software, products, and service included or available through ClubMäksē may include inaccuracies or typographical errors. Changes are periodically added to the information in the group. MäksēLife and/or its team may make improvements and/or changes in the group at any time.
MäksēLife and/or its team make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the group for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. MäksēLife and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall MäksēLife and/or its team be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the group, with the delay or inability to utilize the group or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through ClubMäksē, or otherwise arising out of the use of ClubMäksē, whether based on contract, tort, negligence, strict liability, or otherwise, even if MäksēLife or its team has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with ClubMäksē or any portion of it, your sole and exclusive remedy is to discontinue your membership.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to ClubMäksē. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Sacramento, California.
You agree to indemnify, defend, and hold harmless MäksēLife, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use ClubMäksē and related services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MäksēLife reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MäksēLife in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
MäksēLife reserves the right, in its sole discretion, to terminate your access to ClubMäksē and the related services or any portion thereof at any time, if you become disruptive to MäksēLife or other ClubMäksē participants, if you fail to follow the group guidelines, or if you otherwise violate this agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
MäksēLife reserves the right to change, alter, or cancel the program at any time. This includes changing the program area and discussion platform from which ClubMäksē is conducted and hosted.
If any term or provision of this agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any party of any of the provisions of this agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
MäksēLife shall not be liable or responsible to you, nor be deemed to have defaulted or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the MäksēLife including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This agreement shall commence and be enforceable with respect to each member upon the date, and in perpetuity, that the member initially joins ClubMäksē.